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Governor Extends Eviction Relief to Tenants

On April 30, 2020, Governor Jared Polis issued Executive Order D 2020 051 (“Executive Order”), providing further eviction relief for tenants and mobile home owners.

The Executive Order Generally:

  • Precludes the filing of eviction actions based upon a tenant’s default of any contractual obligation imposed by a rental agreement. This prohibition applies to residential and commercial premises;
  • Prohibits the removal or exclusion of a tenant from a premises or entry on a premises to remove or exclude personal property from the premises, and
  • Bars execution of writs of restitution and enforcement of judgments/orders for possession requiring a tenant to surrender or vacate residential premises.

Exception to Eviction Prohibition:

 An exception to these prohibitions exists where a tenant poses an imminent and serious threat to another individual or causes significant damage to property.  Testing positive for COVID-19 or potential exposure to COVID-19 is not considered to pose a serious threat to another individual or property.

Other Provisions:

  • Landlords are prohibited from charging late fees or penalties for any breach of the terms of the lease or rental agreement due to nonpayment while the Executive Order is in effect.
  • Although the Executive Order imposes a moratorium on evictions, it is not to be construed as relieving tenants from making their rental payments.
  • Further, the Executive Order directs all landlords of rental properties to notify tenants in writing of federal protections against evictions and foreclosures at each property.

Duration:

The Executive Order expires on May 30, 2020, unless extended by further Executive Order.

Conclusion:

The landscape for landlords and tenants in light of COVID-19 is changing frequently.  If you need assistance with navigating these changes or a draft Notice to Tenants under Executive Order D 2020 051, please contact me.

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